This is the second case in the last month that I have seen where a teacher has been texting inappropriate messages to his student and the school has done nothing about it. You may not consider texting a harmful action, however, it is an easy method for a predator to groom and manipulate a minor. The student is a minor and their brains are not fully developed. The teacher used his position of trust and authority for his own personal gain despite the long-term emotional damage he would create for the student.

Minors are easily coerced into believing they are special and then eventually the reality sets in and they realize what the predator is doing is wrong and by then they feel trapped because they have answered the text messages. They feel ashamed, embarrassed, or at fault. However, the minor is never at fault, the adult always holds the burden of doing the right thing and obeying the law and school policy.

The lawsuit filed in the Placer County Superior Court alleges emotional distress and that Del Oro High School band director Ben Duncan is unfit to be a teacher at the school.

The plaintiffs in the lawsuit are Jacob and Heidi B -- leaving out their last name for anonymity in the lawsuit -- and their teenage daughter listed only as Jane Doe.

FOX40 first spoke with Jacob back in May after he discovered what he says were inappropriate text messages from Duncan to his daughter.

"The school district has all this information, they know that he texted my daughter all night long, for months, thousands and thousands of texts -- is that acceptable? Things like I love you, come live at my house," Jacob said.